November 09, 2004

Ignorance Is Bliss

by PG

The last few days in which second years can throw together a proposal for their Student Note are passing by, and there are indications of panic from some quarters. Hundreds, perhaps thousands of people are asking themselves, "How to equal William J. Trach for influence?" or "How to write something that a professor would agree to read more than once?"

While note advice from 3Ls Nick, Jeremy and Chris might be helpful, I've decided to offer my 100% inexperienced and uneducated 1L ideas for topics that any 2L would be insane to use for his or her note.

- Why all state bars should follow the lead of New York, California, Maine, Vermont, Virginia, Wyoming, and Washington in permitting people to join without having graduated from law school. If it was good enough for the Supreme Court, it's good enough for the Texas Bar Association.

- The strict licensing of public non-commercial dancing in New York City as violation of the First Amendment's guarantee of free expression.

- An examination of the anti-trust exemption recently granted to the Match (part of the Pension Funding Equity Act, H.R. 3108, Sec. 207, April 8, 2004; Match participants cannot be accused of violating antitrust law in federal court, but residency programs cannot collude to fix salaries or benefits.)

- The conflict between the two parts of the Sixth Amendment's "impartial jury" requirement when a representative cross section of one's community would include people who would be racially, religiously, politically and aesthetically biased against the defendant.

- Why all state bars should follow Wisconsin's lead and recognize a "diploma privilege," whereby graduates of the state's ABA-accredited law schools may be admitted to practice law without taking the State's Bar examination.

- A proposal to define the terms "race," "color," "religion," "sex," "gender" and "sexual orientation" by statute, so judges can stop assuming a common meaning or hauling out dictionaries.

- The incorporation of ethics into the teaching of law; a comparison between the professional responsibility courses at secular law schools and religious ones.

- Restrictions on or prohibition of abortion, on the grounds of state interest or public morality, as a violation of the Fifth Amendment's Takings Clause.

November 9, 2004 07:48 PM | TrackBack
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